IP Protection and the Cannabis Industry: Strategies and Trends

Protection of intellectual property is a key element in any company’s efforts to secure a competitive advantage. For companies in the cannabis space, efforts to secure intellectual property protection play out against a background of conflicting federal and state regulations. Cannabis continues to be a Schedule I drug under the Controlled Substances Act, and possession of cannabis is prohibited by federal law. However, 29 U.S. states and the District of Columbia have legalized medical cannabis, and eight U.S. states have legalized recreational cannabis. This article will address various IP strategies, including trademarks and branding, patents and trade secrets, for protection of cannabis and cannabis-related products and services. The article will also discuss trends in the industry as well as contrasting protections available on the state and federal levels.

To read the full text of this article by Duane Morris attorneys Gretchen Temeles, Christiane Campbell and Vicki Norton, please visit the Duane Morris website.

Access to Medicinal Marijuana in New Jersey Improves

In response to Executive Order No. 6, issued by New Jersey Governor Phil Murphy, the New Jersey Department of Health (the “Department”) reviewed certain elements of New Jersey’s Compassionate Use Medical Marijuana Act and the implementation of the Medical Marijuana Program (“MMP”) (Executive Order 6 Report). …

The Department’s analysis resulted in the recommendation and approval of an immediate expansion to the MMP. The first stage of the expansion includes the addition of five conditions to the existing list of diagnoses for which medicinal marijuana can be prescribed. Patients with chronic pain related to Musculoskeletal Disorders, Migraines, Anxiety, chronic pain of Visceral Origin, and Tourette’s Syndrome are now eligible to participate in the MMP.

Read the full story on the Duane Morris Health Law Blog.

 

Interview with Seth Goldberg: Is NJ About To Fire Up The East Coast Regulation Rush? And Hemp vs Cannabis

You may have read a piece by CLR on Duane Morris’ approach to the national cannabis market late last year.

They are running ahead of their competitors and continue to do so.

They are one of the few firms in the Am Law 200 to have taken up the challenge presented by this de-centralized and sometime rather chaotic corner of the American economy.

Seth Goldberg, based in Philadelphia, practices in business and litigation with a particular emphasis in highly regulated industries such as healthcare and Pharma, saw the opportunities in cannabis and hemp early on in the game and has developed a multidisciplinary cannabis practice drawing across a wealth of experience in the firm.

The practice now comprises 48 attorneys, of whom a good 30 or so are partners.

They are taking the sector seriously and here at CLR we’re surprised that more in the top echelons still aren’t doing the same. …

It’s a question we posed to Seth during our hour long conversation and he concurred that he was equally surprised at the lack of cannabis / hemp practice development at the larger firms on the eastern seaboard.

To read the full text of this article, please visit the Cannabis Law Report website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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